1 Colo. Code Regs. § 204-10-26

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 1 CCR 204-10-26 - PHYSICAL INSPECTION OF A VEHICLE

Basis: This rule is promulgated under the authority of sections 42-1-204, 42-3-105(1)(c)(I), 42-5-202, 42-5-204, 42-5-207, 42-6-107(1)(b), 42-6-117(2), 42-6-119, and 42-12-202, C.R.S.

Purpose: The purpose of this rule is to provide clarification of the requirements for a Physical Inspection of a vehicle in order to obtain a Colorado certificate of title and/or registration.

1.0Definitions

1.1 "Certified VIN Inspection" means completion, by an Inspector, of a Physical Inspection and a computer check of the state and national compilations of wanted and stolen vehicles or commercial vehicles pursuant to section 42-5-202(3), C.R.S.

1.2 "Colorado Assigned ID" means the assignment of a special vehicle identification number pursuant to section 42-12-202, C.R.S.

1.3 "Inspector" has the same meaning as set forth in section 42-5-201(5), C.R.S.

1.4 "Manufacturer's Certificate of Origin" ("MCO") or "Manufacturer's Statement of Origin" ("MSO") means a secure document issued by a manufacturer that provides ownership of a new vehicle prior to the new vehicle being titled.

1.5 "Physical Inspection" means a visual inspection either by a Certified VIN Inspection or Regular VIN Inspection of a vehicle that must verify the vehicles information required in section 42-3-105(1)(c)(I), C.R.S.

1.6 "Regular VIN Inspection" means the completion of a Physical Inspection by either an Inspector or a Vehicle-Related Entity.

1.7 "Unreadable" means an odometer that cannot be made to function so that the mileage recording can be displayed. The term "Unreadable" may not be used in place of the actual odometer mileage on forms DR 2698 Verification of Vehicle Identification Number or DR 2704 Colorado Certified VIN Inspection when the odometer cannot be obtained due to locked vehicles or lost keys. When the term "Unreadable" is used on the forms DR 2698 Verification of Vehicle Identification Number or DR 2704 Colorado Certified VIN Inspection the odometer reading must not reflect an actual mileage on the Colorado certificate of title.

1.8 "Vehicle-Related Entity" has the same meaning as set forth in sections 42-3-105(1)(c)(II) and 42-6-107(1)(b), C.R.S., and shall also include at the discretion of the Department, out of state law enforcement entities, other states emissions inspection stations, military police, and military commanding officers.

1.9 "VIN" means "Vehicle Identification Number" and has the same meaning as set forth in sections 42-5-101(11) and 42-5-201(13), C.R.S.

2.0Physical Inspection Requirements

2.1 Certified VIN Inspection

a. A Certified VIN Inspection must be completed before a vehicle can be titled and/or registered in Colorado when it meets the requirements in section 42-5-202, C.R.S., or when it meets one of the below situations:

i. The vehicle is required to follow a bonding for title procedure to establish Ownership.

ii. The vehicle is homemade, rebuilt and/or reconstructed, built from a kit, or built from multiple vehicles.

iii. The vehicle is a street rod pursuant to section 42-12-203(2), C.R.S.

iv. The vehicle's VIN has been removed, changed, altered, obliterated, or is required to be replaced with a Colorado Assigned ID.

v. The vehicle is a homemade trailer, a trailer requiring an assigned trailer identification tag, in lieu of bond for a trailer less than 2,000 pounds, a trailer from jurisdictions that do not title or register trailers that are being titled and/or registered in Colorado.

vi. The vehicle is a salvage vehicle being made roadworthy pursuant to sections 42-6-102(15) and 42-6-136.5(2), C.R.S.

vii. The vehicle is subject to a public tow pursuant to Title 42 Section 4 Part 18, C.R.S., or a private tow Title 42 Section 4 Part 21, C.R.S.

b. Certified VIN Inspection Requirements

i. Must be completed on the form DR 2704 Colorado Certified VIN Inspection.

ii. Must be completed by a P.O.S.T. certified Inspector.

iii. Must validate the VIN and the vehicles related information required in sections 42-3-105(1)(c)(I) and 42-6-107(1)(b), C.R.S.

iv. Must include a stolen vehicle validation check to be completed by the Inspector pursuant to section 42-5-202(3), C.R.S.

v. Must include a certification that the vehicle is roadworthy pursuant to section 42-6-102(15), C.R.S.

vi. The vehicle must be physically located in Colorado.

vii. Is assessed fees pursuant to section 42-5-204(1)(a), C.R.S.

2.2 Regular VIN Inspection

a. A Regular VIN Inspection must be completed before a vehicle can be titled and/or registered in Colorado when:

i. The vehicle was previously titled and/or registered in another jurisdiction and the owner is seeking to obtain a Colorado title and/or registration unless the vehicle meets the requirements and the vehicle owner can provide the documents required under sections 42-3-105(1)(c)(I), 42-3-107(1)(b), and 42-6-119(4)(b), C.R.S.

ii. To process a new title when a title correction is needed due to error caused by a manufacturer, dealer, lienholder, or an owner when the Department is unable to validate the VIN using documents and evidence provided as part of the research of the error.

iii. A document provided to title and/or register the vehicle cannot be validated without requiring the vehicle to have a Physical Inspection.

iv. The Department cannot determine if the vehicle is physically located in Colorado.

b. Regular VIN Inspection Requirements

i. Must be completed on a form DR 2698 Verification of Vehicle Identification Number.

ii. May be completed by either a Vehicle-Related Entity or an Inspector.

iii. Must validate the VIN and vehicle related information required in sections 42-3-105(1)(c)(I) and 42-6-107(1)(b), C.R.S.

iv. The vehicle must be physically located in Colorado.

v. Can be assessed a fee as determined by the Vehicle-Related Entity or Inspector performing the Physical Inspection pursuant to section 42-5-202 (2.5), C.R.S.

3.0Waive Vehicle Being Physically Located in Colorado Requirements

3.1 A person may request the Department to waive the vehicle being physically located in the State of Colorado for a Regular VIN Inspection when circumstances prevent the owner from having the vehicle physically located in the State of Colorado for a Physical Inspection. If the Department approves, the owner may be required to complete and provide proof of Physical Inspection from an Inspector or Vehicle-Related Entity in the jurisdiction or country that the vehicle is physically located. Circumstances that may prevent the owner from having the vehicle physically located in the State of Colorado maybe, but are not limited to:

a. The vehicle is owned by a person serving with the U.S. Armed Forces that is a Colorado resident and is on orders in another jurisdiction or country and his/her vehicle is physically with him/her in the other jurisdiction or country.

b. The vehicle is owned by a person that is a student of a college or university that is a Colorado resident and is in another jurisdiction or country and his/her vehicle is physically with him/her in the other jurisdiction or country.

4.0Inspector and Vehicle-Related Entity Hearing and Determination Requirements

4.1 If an Inspector or Vehicle-Related Entity denies a vehicle owner access to a Physical Inspection or if an Inspector deems a vehicle to not be roadworthy and the owner disputes that claim, the Inspector's or Vehicle-Related Entity's agency must provide the vehicle owner notice of an opportunity for a hearing pursuant to sections 24-4-104 and 24-4-105, C.R.S.

4.2 An Inspector and Vehicle-Related Entity must satisfy the requirements of sections 24-4-104 and 24-4-105, C.R.S., regarding all applications for Physical Inspections and decisions completed by the Inspector or Vehicle-Related Entity in connection with this rule.

4.3 The vehicle owner may request a hearing, in writing, within 60 days after the notice of denial is issued. Written hearing requests shall be submitted to the Department of Revenue, Hearings Division.

4.4 The hearing shall be held at the Department of Revenue, Hearings Division. The presiding hearing officer, designated by the Executive Director, shall conduct the hearing pursuant to the State Administrative Procedures Act, section 24-4-105, C.R.S. The Department's representative need not be present at the hearing unless the presiding hearing officer requires his or her presence or the applicant requests his or her presence in writing. If the Department's representative is not present at the hearing, the hearing officer has the discretion to consider any written documents and affidavits submitted by the Department, relevant to the matter.

1 CCR 204-10-26

37 CR 15, August 10, 2014, effective 8/30/2014

37 CR 22, November 25, 2014, effective 12/15/2014

37 CR 24, December 25, 2014, effective 1/14/2015

38 CR 04, February 25, 2015, effective 3/17/2015

38 CR 13, July 10, 2015, effective 7/30/2015

38 CR 16, August 25, 2015, effective 9/14/2015

38 CR 22, November 25, 2015, effective 12/15/2015

38 CR 23, December 10, 2015, effective 1/14/2016

39 CR 01, January 10, 2016, effective 1/30/2016

39 CR 03, February 10, 2016, effective 3/1/2016

39 CR 09, May 10, 2016, effective 5/30/2016

39 CR 10, May 25, 2016, effective 6/14/2016

39 CR 12, June 25, 2016, effective 7/30/2016

39 CR 15, August 10, 2016, effective 8/30/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 23, December 10, 2016, effective 12/30/2016

40 CR 03, February 10, 2017, effective 3/2/2017

40 CR 13, July 10, 2017, effective 7/30/2017

40 CR 16, August 25, 2017, effective 9/14/2017

40 CR 19, October 10, 2017, effective 10/30/2017

40 CR 22, November 25, 2017, effective 12/15/2017

41 CR 02, January 25, 2018, effective 2/14/2018

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 08, April 25, 2018, effective 5/15/2018

41 CR 09, May 10, 2018, effective 5/30/2018

41 CR 10, May 25, 2018, effective 6/14/2018

41 CR 15, August 10, 2018, effective 8/30/2018

41 CR 17, September 10, 2018, effective 9/30/2018

41 CR 19, October 10, 2018, effective 10/30/2018

41 CR 22, November 25, 2018, effective 12/15/2018

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 08, April 10, 2019, effective 5/15/2019

42 CR 10, May 25, 2019, effective 6/14/2019

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 14, July 25, 2019, effective 8/14/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 04, February 25, 2020, effective 3/16/2020

43 CR 06, March 25, 2020, effective 4/14/2020

43 CR 07, April 10, 2020, effective 5/1/2020

43 CR 12, June 25, 2020, effective 7/16/2020

43 CR 18, September 25, 2020, effective 10/15/2020

44 CR 13, July 10, 2021, effective 7/31/2021

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 07, April 10, 2022, effective 7/1/2022

46 CR 05, March 10, 2023, effective 4/3/2023

46 CR 07, April 10, 2023, effective 4/30/2023

47 CR 04, February 25, 2024, effective 3/16/2024